Hatton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK R. CASTILLO, Case No. 1:18-cv-00251-LJO-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATION

THAT COURT DENY FIRST AMENDED

v. PETITION FOR WRIT OF HABEAS

CORPUS

HATTON, ECF No. 15 Respondent.

OBJECTIONS DUE IN 14 DAYS

16 Petitioner Frank R. Castillo, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner argues that a writ should issue because of defects in his criminal trial. Specifically, he maintains that (1) his trial counsel was ineffective in failing to object to the introduction of evidence of a prior act, (2) the state trial court violated his constitutional rights in admitting the prior act evidence, and (3) the prosecutor engaged in misconduct in introducing the same evidence. I recommend that the court deny the petition and decline to issue a certificate of appealability. I. Background Petitioner killed a man, who was passed out drunk on a…